Restructuring and Insolvency

Chambers Global

“Thinks outside the box to find interesting and creative solutions.”

Legal 500

“A leading insolvency and restructuring team.”

Practice Group

Our Restructuring and Insolvency Group comprises multilingual lawyers versed in both civil law and common law tradition. Schellenberg Wittmer can consolidate a large, qualified team at short notice in both French-speaking and German-speaking Switzerland. Our team is experienced in in-court and out-of-court reorganizations, and advise both debtors in financial difficulties and creditors. Thanks to our excellent track record and reputation, certain team members are also frequently appointed by courts or authorities (notably FINMA) as insolvency administrators or liquidators.

The firm is recognised as a leader in restructuring and insolvency, including insolvency-related litigation, representing banks, hedge funds, private equity firms and other creditors and acquirers in insolvency and litigation proceedings.

Our team members regularly work in collaboration with other key practice groups such as Mergers & Acquisitions (distressed M&A, composition proceedings with assignment of assets, etc.) Corporate and Commercial (mergers, spin-offs and split-offs, advice to board members on crisis management and specific duties of the board of directors and good corporate governance in a distressed environment), Employment (TUPE-like transfers of employees, mass dismissals, social plans, partial liquidation of pension plans), Banking and Finance (bridge-loan, financing and re-financing, reschedule of claims), Tax, and Litigation (filing of insolvency applications on behalf of debtors or creditors). We also work closely with our sector experts to ensure full understanding of the industries involved to deliver the most sustainable solutions.

Expertise

Our Restructuring and Insolvency Group, where appropriate in close collaboration with other key practice groups, offers advice and assistance to our clients in areas including:

  • Debt enforcement, bankruptcy and insolvency law
  • Corporate restructuring and turnaround and preparation of related rescue plans, including prepack plans
  • Board members duties
  • Acquisitions or divestitures of businesses in financial distress or bankruptcy and cherry-picking of assets
  • Distressed businesses financing and re-financing and re-schedule of claims
  • Attachment orders and other provisional measures, and enforcement of such foreign decisions
  • Loan acceleration and realisation of pledged assets, notably shares, and related acquisition of businesses
  • Representation during moratorium, composition and bankruptcy proceedings, including filing of insolvency applications and proof of claims
  • Insolvency-related litigation, such as actions to contest schedules of claims, clawback actions and liability claims against board members
  • Monitoring and administration of distressed businesses (during  moratorium or composition proceedings)
  • Monitoring, administration and liquidation of regulated businesses such as insolvent banks, securities dealers, insurance, collective scheme of investments
  • Enforcement of foreign insolvency decrees and representation of foreign bankruptcy trustees and receivers in Switzerland
  • Special administration of the estate of a bankrupt company

 

Contact

Partners

Full Team

Awards and Recognitions

The group and leading practitioners are highly ranked among leading law firms across international directories and publications:

  • Chambers Europe in Restructuring & Insolvency
  • Legal 500 in Corporate Recovery & Insolvency
  • WWL Switzerland and in WWL International Restructuring & Insolvency Guides
  • Global Restructuring Review 100 (GRR 100)

Download Factsheet

 

Stay up to date!

*Required fields

Newsletters & Newsflashes

Monthly selected key topics from our practice areas, sectors and industries, plus newsflashes on recent developments.

Publications

Monthly email with the latest updates and summaries of the Swiss Federal Supreme Court's case law in arbitration matters.
A regular look from a unique M&A perspective at legal changes, economic developments and societal trends in Switzerland.
Regular insights into Swiss and international trends and legal developments in the construction industry.
Concise analysis of key trends in the fast-moving world of corporate governance for board members of Swiss companies.